When can I file a habeas corpus petition in Kohima for a detained person?

Detailed Legal Analysis

You can file a habeas corpus petition before the Gauhati High Court under Article 32 or Article 226 if a person is illegally or arbitrarily detained in Kohima by the police or any authority. The petition must establish that the detention is without legal authority or in violation of fundamental rights.

The Gauhati High Court can direct the police to produce the detained person before the court and justify the detention. If the detention is found to be illegal, the court can order immediate release and compensation for the violation.

The Nagaland Rent Control Act 2015 does not override the right to habeas corpus, which is a fundamental right under Article 22. The petition can be filed by the detained person or any person on their behalf, and the court must act expeditiously in such matters.